Non-disclosure agreements are used to silence victims over and over again. You're forced and coerced into not telling your story. They're utilized in the family court, criminal court and civil court. There is a group called Can't Buy My Silence that is working to abolish this.
Section 278.1 of the Criminal Code is in relation to.... I'll compare it to the U.S. I can't safely live in this country, because my abuser is free.
In America, abusers cannot access the victim's health records, therapeutic records, medical records or otherwise, but in Canada, under section 278.1, abusers are allowed to subpoena those to court. That includes all of the aforementioned, but also journals, your personal journals.
I used to keep a journal. I still keep a journal every single day. Everything that I said about my ex can be utilized against me in court from my own private book. Those aren't the most comprehensive pieces of literature, but they would be weaponized against me in court if I ever had a criminal trial for my attempted murder. That would have been nice.
That is what's happening over and over again. Two of my friends, Tanya Couch and Alexa Barkley, are working on this issue on Survivor Safety Matters. We all know each other. We're all friends. Tanya actually stayed her own charges, because she did not feel comfortable having her own personal records utilized against her in court. She removed the charges. A perpetrator is free because she didn't feel comfortable. They weaponize it.
I was sexually assaulted for the first time when I was 13. The second time was when I was 16. The third time was when I was 17. I've been grabbed on the street here. I was nearly killed when I was 30. That's all in Canada. It hasn't happened anywhere else in this world, and I've lived in 10 different countries.
I've already been through the criminal justice system. It took eight years to prosecute. I remember my own personal records being weaponized against me. The defence counsel sits there, and they throw it at you. You are getting ripped apart on the stand, when you're just trying to tell the truth. They will manipulate. It's terrifying. NDAs are used to say, “You can't talk about this. You can only talk about that.”
I'm sorry. I'll try to keep this as short as possible.
It even happened to me for my attempted murder. When I got my lovely peace bond hearing, the Crown attorney said, “If you mention the other charges that have already been stayed, you might get cross-examined. You can talk only about the three times he hit you before he tried to kill you.” I told her to take a hike. “We're going to do this. Cross-examine me if you need to.”
The amount of strength it takes to have to shut down these authoritative figures when you're just trying to tell the truth.... It's repulsive. Everything needs to be amended in this justice system.
Thank you.